SUMMARY OF MATERIAL CHANGES IN CONSOLIDATED TERMS FROM APRIL 2020 TO OCTOBER 2020


Sections 1.1, 1.2, 5.1, & 7.3 – Added references to "lease".

Section 3.1 – Removed references to Subscription Hardware.

Section 4.1 – Added a new Section 4.1.1 with the following language and renumbered existing sections:

  • "4.1.1 Agreement Term. These System Terms commence on the date these System Terms are accepted by you and will continue until terminated as permitted herein or in any Sales Agreement (the "Agreement Term"). Either party may terminate these System Terms when there are no active Sales Agreements by providing the other party with thirty (30) days prior written notice."

Section 4.3.1 – Removed the following language:

  • "; and (iii) you shall return to us (unless otherwise mutually agreed in writing), within twenty-one (21) calendar days after such termination, all Subscription Hardware"

Section 5.4 - Revised the first 2 sentences to read as follows:

  • "We reserve the right to charge you applicable late fees plus the list price of any replacement items if any Hardware is not returned to us (unless otherwise mutually agreed in writing) within forty-five (45) calendar days after shipment of the replacement items to you. Our late fees, which are subject to change in our discretion, are set forth in the Support Services Price List provided to you separately."

Section 7.2 – The reference to 21 days was changed to 45 days.

Section 8.2 – Removed the following language:

  • "; or (iii) refund of Fees paid (which, for Subscription Hardware, shall be on a pro-rated basis covering the remainder of the Warranty Period) for materially nonconforming Hardware or Services, as applicable, which are under valid warranty during the applicable Warranty Period."

Section 11 – Added a reference to "pandemic"

Section 13.3 – Added a reference to "lease" and added language clarifying that new versions of the Systems Terms will supersede prior versions.

Section 13.6 - Revised the first sentence to read as follows:

  • "We may audit and monitor your Use of the System and compliance with these Systems Terms or an applicable Sales Agreement at our expense."

Section 13.8 – Changed governing law to State of Georgia and venue to Atlanta, Georgia.

Section 13.9 – Revised SICOM address information for notices under the Agreement.

Section 14 – Added a new Section 14 for Lease Terms, Sections 14.1 – 14.10

Schedule A – Added a reference to "leased" in the first sentence and added a reference to "lease" in SICOM Support sections

Schedules – Added new Schedules C and C-1